Chapter 1

Question 1

What is the CCJS based on?

Answer 1

The Canadian Criminal Justice System is based on the common law system that was developed in England in the 18th and 19th Century

Question 2

What is liberal philosophy

Answer 2

Liberal Philosophy is the belief that humans are rational and hedonistic

Question 3

What is Criminal Law based on?

Answer 3

Liberal Philosophy?

Question 4

What is the goal of Criminal Law?

Answer 4

The role of criminal law is to maximize pleasure and limit the pain by minimal limitation of rights and freedoms

Question 5

What are the 5 tenets of Liberal Philosophy?

Answer 5

TBC

Question 5

What are the 2 sources which CCL comes from?

Answer 5

Legislation and Judicial decisions (common law)

Question 6

Which Level of government has the pwer to enact Criminal Law, if there is a conflict between the statue and common law, which overrules the other?

Answer 6

The Statue Law- the legislator overrules always

Question 7

What are the two major elements of crime?

Answer 7

1) Conduct that is prohibited and;
2) A penalty that is imposed when prohibited has bee violated?

Question 8

Why should the state punish those who make rational decisons?

Answer 8

To trangress the law because they rationally chose to break the law

Question 9

What happens if the state abuses it’s power?

Answer 9

If abusing power, they can appeal and take the case to the SCC

Question 10

Statute Law

Answer 10

Statute: a law passed by the legislative branch of a government

• The legislator overrules always

Question 11

What is the Canadian Criminal Code (CCC)?

Answer 11

A federal law that includes definitions of most of the criminal offences that the parliament of Canada has enacted

Question 12

When was the CCC enacted?

Answer 12

1892

Question 13

What are the 2 kinds of Criminal Law?

Answer 13

Substantive Law and Procedural Law

Question 14

What is Substantive Law?

Answer 14

Defines the nature of various criminal offences such as murder

Question 15

What is Procedural Criminal Law?

Answer 15

Outlines the procedures to be followed in the prosecution of criminal cases

Question 16

What are the 3 categories of offences?

Answer 16

Summary
Indictable
Hybrid

Question 17

What are the two kinds of Criminal Justice Systems?

Answer 17

1) Accusatorial/Adversarial System

2) Inquisitorial System

Question 18

What is the difference between Accusatorial and Inquisitorial system?

Answer 18

• Accusatorial reinforces the fundamental principale of Justice
• The crown has the responsibility of burden of proof
• There are two parties involved
• The role of the judge is to interpret the law

Meanwhile, inquisitorial systems, judiciary brings out the facts

Question 19

What kind of cases do Provincial and Territorial Courts?

Answer 19

Federal and Provincial Cases

Question 20

What does the Superior Court of Criminal Jurisdiction?

Answer 20

• Deals with most serious criminal cases
• May hear appeal from summary conviction from courts

Question 21

What is the Court of Appeal?

Answer 21

• Hear appeal from the decisions of the lower courts that have tried to indictable offences
• Dismisses appeal, order new trial, overturn an acquit an individual and sentences can be lowered or increase by appellate court.

Question 22

What is the Supreme Court of Canada?

Answer 22

• Hers appeals from various provincial and territorial courts of appeal.
• Has jurisdiction over all 4 bodies of law.
  Constitutional
  Criminal
  Public/Common
  Administrative

Question 23

What are Summary Convictions?

Answer 23

These convictions are less serious.
- The penalty cannot exceed 6 months imprisonment or exceed a specific fine

Question 24

What are Indictable Offences?

Answer 24

More serious in nature and are more punishable by more severe sentences.
- The indictment is the formal document that sets out the charges against the accused person.

Question 25

What is Preliminary Inquiry

Answer 25

a judicial hearing that is used in serious criminal cases to determine whether the evidence assembled by the Crown against an accused person is sufficient to proceed with a trial.
= looks not guilty

Question 26

What does Acquitted mean?

Answer 26

To free someone of a criminal charge by verdict of not guilty

Question 27

What are Hybrid Offences?

Answer 27

The crown can choose based on factors of the case how to proceed by summary or indictable offences

Question 28

What is the Charter Challenge?

Answer 28

The SCC examines the evidence, and arguments of lawyers and tries to do a balancing act.

Question 29

What is a balancing Act

Answer 29

Balancing Act is an examination of the act or bill that challenges the CCRF

Question 30

What are examples of the Balancing act

Answer 30

• Prostituion Act
• Morgentaler Case

Question 31

Prostitution Act

Answer 31

• Sex workers took the act itself and took it to the Supreme Court of Canada. They argued it infringed the rights of sex workers.
• Anyone soliciting their service would be charged by the police
  Contended section 7, everyone has the right to life, liberty and security

-Following, The SCC decision was the prostitution act violated safety and security, violating section 7. “The laws deprived people engage in risky, but legal activity of the means to protect themselves..”
Lastly, struck down the prostitution-related provisions and asked the parliament of Canada to revise the related sections.

Question 32

Morgentaler

Answer 32

Charges: Conspiracy to procure the miscarriage of female persons
Section 287 of the CCC made abortion a criminal offence unless it was carried out in a hospital after approval by a committee that determined the pregnancy would or would be likely to endanger” the women’s life “life or health”

SCC struck down SECTION 287 of the CC (regulating the performance of abortion in Canada).
Infringes section 7 of the Charter
Forcing women by threat of criminal sanction to carry a fetus to term is a profound interference with their body and their security

Section 287 was not salvaged by section 1; the administration of the abortion committees were arbitrary and unfair